By REBECCA LeFEVER
York Daily Record/York Sunday News

Advocates for Pennsylvania's Right-to-Know Law said Friday's ruling against the state's largest teachers' union to keep public school employees' addresses private was a victory for public access.

However, Kim de Bourbon, executive director of the Pennsylvania Freedom of Information Coalition, said in an e-mail that the Pennsylvania State Education Association instead could approach each school district if it chooses to pursue the issue.

"I guess the PSEA could send letters to every public school district in the state, expressing their concern about the availability of teacher addresses and asking school districts to withhold them from Right-to-Know requests," de Bourbon said.

She added that the Right-to-Know law is written so that a decision will have to be made on a case-by-case decision and then go to local courts.

Clinton Gibbs, local chief negotiator for PSEA, referred comment on Saturday to Lynne Wilson, with PSEA's chief counsel. Wilson could not be reached for comment.

The Associated Press reported that five of seven Commonwealth Court judges joined a majority opinion saying the union could not legally sue the agency, but would have to sue school districts. Another judge said the information should remain public, while another said the court should have kept the case open, but with additional information and arguments.

In most cases, the Commonwealth Court hears Right-to-Know cases after someone who has been denied a record files an appeal.

There was no appeal in this case; instead, the PSEA wanted a ruling made to keep address private.

"Frankly, I think the PSEA would be better served to lobby getting the wording in the law changed, if they feel teacher addresses should not be a matter of public record," de Bourbon said.

However, de Bourbon said, PSEA could use an exception to keep home addresses private. The first exception in the law protects records that "would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of an individual."

Melissa Melewsky, law counsel for the Pennsylvania Newspapers Association, said that Judge Dan R. Pellegrini's dissent suggested a majority of the court did not agree with the constitutional or other arguments made by PSEA."Going forward, the court has made it clear that the process for challenging access must begin with an actual request, an agency and a requestor, all of which were missing in PSEA's case," Melewsky said.

After Friday's ruling, union spokeswoman Barb Brady said a decision to appeal to the state Supreme Court had not been made, but that the union was disappointed with the ruling and considering other options.